WA: Divorce/Custody

[Makinitmine]

What is the name of your state (only U.S. law)? Washington

So me and my wife are going to be going through a divorce in the near future and was wondering what is likely going to happen. When I met her she had a daughter who was 10 months old at the time. We started raising her together and she is now 3 years old. My wife said that she wouldn't give me any custody so I was just wondering if there was anything that would allow me any kind of custody or if I'm out in the cold on this one

 

[Isis1]

where is the father of this child?

 

[Makinitmine]

Her biological father is like a wannabe gangbanger who left my wife when she was pregnant and then went and married another girl and I think had 1 or 2 kids with her and we recently found out he left her too and got yet another girl pregnant

 

[Isis1]

Her biological father is like a wannabe gangbanger who left my wife when she was pregnant and then went and married another girl and I think had 1 or 2 kids with her and we recently found out he left her too and got yet another girl pregnant

is he in his child's life? visitation? support?

i read an article about a four part test in determining de facto parenthood. if he has involvement, then you may not have any standing.

(1) the natural or legal parent consented to and fostered the parent-like relationship; (2) the petitioner and the child lived together in the same household; (3) the petitioner assumed obligations of parenthood without expectation of financial compensation; and (4) the petitioner has been in a parental role for a length of time sufficient to have established with the child a bonded, dependent relationship parental in nature.

 

[Makinitmine]

no he isn't in the picture at all....the only time we've ever seen him or heard from him was like either two Christmases ago or two birthdays ago he dropped off a present on the front porch, knocked, and drove off before anyone could see.....and then he like got a job as a icecream truck driver one summer and got the route that drives down the street and right by the house we lived in

 

[Isis1]

so absolutely no court order establishing dad as dad?

wait for the other seniors. i'm not sure if 2 and a half years would establish de facto parenthood.

 

[Makinitmine]

no there's no court order with the biological guy and no one listed on the birth certificate

 

[Ohiogal]

The divorce court will not have jurisdiction over this child quite frankly.

 

[Makinitmine]

I don't quite understand what you mean, but I'm simply asking that when we get divorced is there any chance that I'll be able to get any kind of custody or if I'm screwed in that aspect

 

[milspecgirl]

you need an atty- you would have to file de facto parent and it would be up to the judge as to whether they allow it or not

 

[Ohiogal]

I don't quite understand what you mean, but I'm simply asking that when we get divorced is there any chance that I'll be able to get any kind of custody or if I'm screwed in that aspect

Let me repeat, THE DIVORCE COURT WILL NOT HAVE JURISDICTION OVER THIS CHILD. She is not a child of the marriage. her biological father would need served. There would have to be a case opened to do so. And it would not YOUR divorce case. I can continue repeating that if it would help.

 

[txmom512]

Wouldn't this be the same as all that "stepparent/legal stranger/no chance in h###" type thing?

 

[milspecgirl]

normally yes, there is a small chance he could file for some sort of visitation as a de facto parent. It is truely based on what the judge feels is in the best interest of the child. This man is the only father figure the child has. If dad had been acting as a dad, then I would say no-way, but according to OP, the child's dad does not have contact. So, it could be ruled that it is in the child's best interest to continue a relationship with the only father figure they know. However, dad would have to be served and if he protested, it would probably be a lost cause.
It will not be part of the divorce proceedings though because as OG pointed out, the child will not be considered and it is not a child of the marriage

 

[LdiJ]

normally yes, there is a small chance he could file for some sort of visitation as a de facto parent. It is truely based on what the judge feels is in the best interest of the child. This man is the only father figure the child has. If dad had been acting as a dad, then I would say no-way, but according to OP, the child's dad does not have contact. So, it could be ruled that it is in the child's best interest to continue a relationship with the only father figure they know. However, dad would have to be served and if he protested, it would probably be a lost cause.
It will not be part of the divorce proceedings though because as OG pointed out, the child will not be considered and it is not a child of the marriage

I honestly do not think that he has a viable shot at this. The child is simply too young, and the marriage too short term. He certainly has no viable shot at any kind of custody. It would only be visitation that might be possible, and I cannot see it happening.

If they had been married 10 years, and the child was 11, I could see a more likely possibility if the child had no other father figure.

 

[milspecgirl]

I tend to agree, but there is always a SMALL chance if he continues to fight (money and time are going to be factors). If dad steps in though, it will be over.